2012년 한국사회의 환경쟁점과 법원의 사법판단: 사대강 정비사업 관련 행정소송을 중심으로

Abstract

The year of 2012 provides chance for objective observation of controversial recent environmental issues not only in that a considerable portion of the large-scale national policy projects initiated and driven by government has progressed but also that there was an election for a new president. This article reviewed and analysed focusing on administrative cases on Four Great Rivers Refurbishment Project in details. Among lots of cases claiming against national projects in each watershed of four big rivers, this review dealt with: firstly injunction case against Han River refurbishment project on which Supreme Court’ decision was decided after intense arguments between majority and dissenting opinions; secondly a revocation suite against the implementation plan for Nakdong River works where lower courts’ different decisions in each level were provided; thirdly a revocation suite against government’s revocation of a permit for Han River riverside use where district court’s decision was reversed in a high court. This series of cases uncovers limit of ‘Administrative Litigation Act’ and proves need to refine an administrative litigation system including a principle of no suspension of execution and dismissal of a claim for the sake of public interest regardless of its illegality. Moreover, they provides an opportunity to critically examine if a mechanism for legitimacy and control of government policy soundly works. Furthermore, they give birth to need to contemplate on more fundamental questions on how to protect public trust when government’s policy is changed. Not only do the problems examined through the cases above reflect limit of a mechanism for judicial decisions but also remain demand for legislative improvement. Based on this observation, this article suggests directions to improve legislations considering recent movement for amendment of ‘Administrative Litigation Act.’